Judgment of the General Court of 24 November 2015 — Commission v D’Agostino
(Case T-670/13 P) 1
(Appeal — Cross-appeal — Civil service — Member of the contract staff — Decision not to renew the contract — Duty of care — Infringement of Article 12a(2) of the Staff Regulations — Obligation to state reasons — Distortion of the file)
Language of the case: French
Parties
Appellant: European Commission (represented initially by J. Currall and G. Gattinara, and subsequently by G. Gattinara, Agents)
Other party to the proceedings: Luigi D’Agostino (Luxembourg, Luxembourg), (represented by: M.-A. Lucas, lawyer)
Re:
Appeal brought against the judgment of the Civil Service Tribunal (Third Chamber) of 23 October 2013 in Case F-93/12 D’Agostino v Commission (F-93/12, ECR-SC, EU:F:2013:155), seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 23 October 2013 in D’Agostino v Commission (F-93/12) in so far the Civil Service Tribunal incorrectly applied the duty of care;
Dismisses the remainder of the main appeal;
Sets aside the judgment in D’Agostino v Commission in so far as the Civil Service Tribunal failed to adjudicate on the first part of the second ground of appeal and distorted it;
Dismisses the cross-appeal for the remainder;
Refers the case back to the Civil Service Tribunal;
Reserves the costs.
____________1 OJ C 78, 15.3.2014.